In re Lavalle W.
Opinion of the Court
On appeal from an order in this proceeding pursuant to Family Court Act article 10-A, the Attorney for the Children contends that Family Court erred in determining that continuation of the permanency goal of placement for adoption for the two subject children is in their best interests. We agree with the Attorney for the Children that the court’s determination with respect to Lavar W lacks a sound and substantial basis in the record (see Matter of Sean S. [Halvorsen], 85 AD3d 1575 [2011]; see generally Matter of Telsa Z. [Rickey Z.], 74 AD3d 1434 [2010]; Matter of Jennifer R., 29 AD3d 1003, 1004-1005 [2006]). We therefore modify the order by vacating that part approving the permanency goal for Lavar of placement for adoption and modifying his permanency goal to placement in another planned permanent living arrangement (APPLA).
Although the permanency hearing report for Lavar submitted by petitioner prior to the permanency hearing identified his permanency goal as placement for adoption, the evidence presented at the hearing by petitioner and the Attorney for the Children supports a modification of Lavar’s permanency goal to APPLA (see generally Matter of Sean S., 85 AD3d at 1575-1576).
The further contention of the Attorney for the Children that Lavalle W’s permanency goal should be modified to APPLA is not properly before us inasmuch as it is raised for the first time on appeal (see generally Matter of Shania S. [Chaneese T.— Larry R.S.], 81 AD3d 1380 [2011]). The record establishes that neither petitioner nor the Attorney for the Children requested a modification of Lavalle’s permanency goal at any time during the proceedings herein. Lavalle’s permanency hearing report lists both the current permanency planning goal and anticipated permanency planning goal as placement for adoption, and petitioner confirmed at the hearing that Lavalle’s goal had not changed. Although the Attorney for the Children requested that Lavar’s goal be modified to APPLA in light of the testimony of that child, the record contains no such request on behalf of Lavalle. Present — Fahey, J.P, Peradotto, Lindley, Sconiers and Green, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.